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 Lawyer's Corner v2, One-stop centre for any legal queries

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shing1987
post Sep 7 2012, 06:25 PM

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Hi Dario, i've come along to purchase a house 1 and a half yr back which is under a master title.

I've using the same lawyer with the owner coz i thought that it will speed up the circulations. I've applied loan with Citibank, everythings is fine, loan agreements signed and even the S&P i've already signed too. Eearnest money, S&P lawyer fees, stamp duty all paid.

Until the time when i wait for the bank for disbursement, something stuck there. The bank hold it because the developer has gone bankrupt and the quit rent is not clear yet.
I've even tried to bring my case to apply for other banks loan, none can go through. So, at last i gave up.

My question,
1) At first, I did not ask for lawyer fees refund because i've seen my lawyer helping me to call the liquidator deal with them and so on.
But after done some research from the internet, i found out that the quit rent receipt suppose to check by the lawyer in the very very 1st stage.

In fact I did not ask them to refund because i'm afraid i'll displease him.
But actually should they refund me the lawyer fees? Perhaps partially?

2) After some times, i remember that i've also paid for the stamp duty so i called up my lawyer to ask them on helping me to get the refund because i have no idea how to do that. So today, i've get the answer through phone that the lawyer told me that the LHDN said the stamp duty is not refundable because it already passed more than 1 yr and will mail me the letter reply by LHDN.

I've got very frustrated in this case, isn't that my lawyer should help me to get the refund when the S&P is aborted and not until i called them up to remind them? In this case, should the lawyer bare the responsible?

Please kindly advise.
Thank you.

shing1987
post Sep 10 2012, 06:14 PM

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QUOTE(dariofoo @ Sep 10 2012, 01:25 PM)
1. If transaction is aborted, it is customary for half of legal fees to be reimbursed, plus unused disbursements. You would need to demand for it, as some unscrupulous lawyers will just keep quiet about it.

2. Has stamp duty been paid? Is he sure or pulling a fast one over you? If the vendor's property is encumbered, the first release will be for redemption and that stage, stamp duty would not have been paid yet. Stamp duty is normally paid at the tail end of the transaction. Ask for proof of payment - eg the Sijil Setem.

I cannot say if the lawyer ought to be responsible as you would need to study the chronology of the case from the start til the end to see if they have been negligent in any way throughout the transaction.
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Dear Dario,

Thank you so much for your precious advises.
I'll try to talk to the lawyer and update here later.
shing1987
post Sep 26 2012, 02:39 PM

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QUOTE(shing1987 @ Sep 10 2012, 06:14 PM)
Dear Dario,

Thank you so much for your precious advises.
I'll try to talk to the lawyer and update here later.
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Hi Dario,

The lawyer had post to me this letter to prove the reject letter of lhdn.

I felt very disappoint with the negligent service by the lawyer..
And i wish i could get back my money.
Is there anything else i can do?


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